mcconnell bucks members of his own party again. federal appeals report of the nsa conducting illegal activities. it is thursday, may 7th. and this is "now." a federal appeals court in new york today ruled that the nsa's bulk collection of millions of americans phone records is illegal. in a stunning 97 page opinion, judge gerard lynch described the program as unprecedented and un unwarranted. according to the new york times, the first time in the regular judicial system ever reviewed the program. since 2006, it has been repeatedly approved in secret by a national security court. the case brought by the american civil liberties union. aclu. the bulk collection of telephone met data first disclosed by former nsa contractor edward snowden. today's ruling which was unanimous, comes as congress debates to end, replace, or perhaps extend the meta data

program. the program is set to expire on june 1st. following ruling senator majority leader mitch mcconnell defended the program and pushed for its reauthorization. >> according to the cia had these been in place, they would have likely likely have prevented 9/11. >> why in the world would we think about rolling back the tools that are the only tools that put us post- 9/11 versus pre- 9/11? >> one day, i hope i'm wrong but one day there will be an attack that's successful and the first question out of everyone's mouth is why didn't we know about it? and the answer better not be because this congress failed to authorize a program that might have helped us know about it. >> joining me now, oregon senator and member of the senate intelligence committee. senator ron wieden. thank you so much for joining us

on a very big day. i know you've been involved in this issue for a long time and you've called on the end of blanket surveillancing either up to the president or congress. who's it going to be at this point as you see it? >> first of all, congress now has the opportunity to once and for all end this flawed and misguided program. what the court said today is that this program is based on secret law and it is illegal. the bottom line for millions of americans, however, the millions of americans who've done nothing wrong, this program is a federal human relations database. when the federal government knows who you called, when you called, and where you called from that is often very private information. and you can't tell me if the government knows that somebody called a psychiatrist three times in 36 hours twice after midnight. that's pretty private information. >> what about mitch mcconnell and some of the republicans that

took to the floor of congress today? mitch mcconnell wants a reauthorization of the patriot act as is. is he going to get it? >> not if i have anything to say about it and i'm certainly going to pull out all the stops to once and for all end this misguided program. and listeners who heard those arguments on the floor about how important this was i urge them to take a look at the report of the president's own advisory committee and there were some people who signed that report who are not exactly soft on terror and in page 104 of the report, your viewers will see that those experts said that this program was not of significant value in helping us win the fight against terror. >> why are senators like john mccain and others invoked the memories of 9/11. senator mccain said people seem to have forgotten 9/11. why are they still invoking

that? >> i have long felt that so often, this idea is premised on the idea that if you protect liberty, you have to give up your security and i just don't buy that for a second. we have through the warren process and particularly through emergency authorizations when the government feels that there is a threat to the well being of the american people the government can really move in a hurry. but that's very different than dragnet surveillance. what the court said today is that dragnet surveillance was illegal and i've been warning about this for years. i've been saying get it on the floor of the united states senate. when the american people find out that there is a big gap between what they think is in the patriot act and what is the secret interpretation they're going to be very angry. they have been and today, the court said that that secret program and secret law is illegal.

>> senator, edward snowden is in large part the reason this case was brought to court. should this exonerate him at least in name? >> my view is that having a public debate on this has been long overdue and that's what i tried to start with my talk on the floor of the united states senate. i do think it would have been a lot better if that debate had been started by the intelligence leadership. in fact, the intelligence leadership didn't do it and when i asked them at a public hearing, the director, i said does the government collect any type of data at all on millions of americans? the director of national intelligence said no and that was false. >> do you think that james claper should step down? >> that's a judgment for the president of the united states. he makes those calls. >> senator ron wyden, thank you so much for your time. joining me is journalist glen greene greenewalls. a big day. an issue you've been involved in. i have to ask because of edward

snowden's involvement in all of this, have you spoken to him about the decision by this new york federal court? >> i have. and he is thrilled about it. i think it's important to note i found it notable you asked whether this vindicates mr. snowden and he evaded your question completely. it is true that senator wyden has gone around for years trying to start a debate but didn't tell the american people about what the government was doing. so we couldn't debate it. it took edward snowden to come forward and came forward in large part because he heard director clapper, the senior u.s. national security official tell the senate and the american people falsely that the government was not doing exactly the program that the court today said was illegal. so to have an appellate court, the first time an apel late court looked at the legality of the program, come out and decisively say it's legal is very gratifying. >> how comfortable are you the

executive branch or the legislative branch are going to act on this? >> well in some sense, they need to act on it now because there's a court ruling that essentially said the program is illegal. and that although they're not stopping the program, they're giving congress an opportunity to stop it on their own. if they don't stop it there will be this court ruling in place if they don't reauthorize it. and whether this is even constitutional at all. whether the congress even could authorize it if they wanted to or whether it would be a violation of the first and fourth amendment and the court seems to suggest there's serious grounds for believing it would be unconstitutional. so i think you already had momentum to seriously reform the patriot act to at least significantly modify this program if not end it and i think this court decision will only fuel that. >> what do you think this means, i mean it doesn't stop here right? there are proposed further actions down the line from two branches of government, what does it mean regarding the nsa

surveillance programs? >> it's hard to overstate how important the second circuit is in the federal judiciary for other courts. it's probably the most important court right after the supreme court. along with the dc circuit. and also the judges all three judges are appointed by democratic presidents. president obama and president clinton. what's amazing is just how aggressive the ruling is in rejecting the justice department's arguments one after the next. it says that the plaintiffs have standing to sue because the u.s. government is collecting everybody's communication data and therefore the plaintiffs are among those. and says very kind of an extreme way that the obama administration's interpretation of the patriot act is unprecedented and unwarranted. that is extreme as the patriot act is not even the extreme patriot act justifies a policy this radical and i think it's going to have a huge impact on

how litigation proceeds from this point forward. >> i think for a federal court to say that what the government is doing is illegal, they didn't rule on the unconstitutionality of it but to say that what the government is doing is illegal would seem to mandate some action and i wonder, do you think james clapper's days are number as the director of national intelligence? >> to me the question that you asked is probably the most stunning part of this entire episode. we know that with certainty that the senior national security official in the united states government, eye to the american people, into the senate and not only did he deny there was a program that the nsa was doing, denied its existence, this program has now been declared by the federal court to be illegal which means he was lying and hiding a program that was against the law. if that doesn't get you fired by the obama administration let alone prosecuted what does?

if that's not a firing offense, nothing is. >> do you think, let me ask one more question. in terms of snowden, still overseas, do you think this brings him back home? >> it should. i mean, if you think about what a whistle blower is a whistle blower is somebody who shines a light and discloses to the public something that the government is hiding and shouldn't be hiding that at least there's a good argument to make an example of wrongdoing. and now you have not just a federal judge who last year already said the program was unconstitutional likely but a federal appeals court saying it's illegal, how can anybody say that we would be better off if edward snowden had kept quiet and let us remain ignorant of the spying program that the federal court now said is illegal, it's classic whistle blowing. i think he deserves our national gratitude, not a life in prison. >> glenn greenwald, thank you my friend, for your full-time. >> thank you, alex.

i appreciate it. rick steady eddie santorum. begging the question is anybody in the republican party not running for president? sofia vergara. should he be allowed to bring embryos to term without her consent? that's ahead on "now." boys? stop less. go more. the passat tdi clean diesel with up to 814 hwy miles per tank. just one reason volkswagen is the #1 selling diesel car brand in america. taxi. vo: after years of being treated like she was invisible it occurred to mindy she might actually be invisible. ♪♪

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after a week that included bridgegate indictments, a signature policy before the new jersey supreme court, chris christie and his dimming white house hopes back in new hampshire. a two day visit in manchester visited a drug and alcohol rehabilitation center. once again put on defense over

the bridge scandal and those indictments of two former aids. the governor said he has faith in voters' forgiveness. >> they'll understand that mistakes get made and they want to know do they have a leader who's strong enough to be able to own up to those mistakes be accountable and then take the actions necessary to fix them. that's what we did and if we were confronted with any other problems in the future that's exactly the same way we would act again. >> even before an announcement, new hampshire emerged as a do or die state for chris christie, the chances are on life-support. granite state poll gives christie just 3% among likely primary voters. in tenth place overall. remember, this is new hampshire, a state where a northeastern republican governor should theoretically poll better than say, ben carson or a donald trump. it looks worse for christie in iowa second to jeb bush. among candidates in iowa candidates who iowa republicans

would definitely not support. wisconsin governor scott walker is dominating the state in the latest poll with senators rand paul marco rubio and second tier with mike huckabee. as if christie needed another social conservative 2012 iowa caucus winner rick santorum pulling out the sweater vest set to announce his white house bid on may 27th in pittsburgh. joining me now is political reporter at the new york times, nick confisori and robert costa. let me start with you. chris christie's sound bite a moment ago. voters will understand mistakes get made. how feasible do you think that is at this point? >> let's just say it's an uphill climb for him. especially in new hampshire, crossover voting, different e electorate electorate.

not one of the evangelical voters. you don't need the same things in a campaign like this. because you have super pacs instead of traditional donors. and you have twitter and social media. and ways to get your voice out there and appearance out there without traditional media attention. i just feel like there are a lot of candidates -- >> but do you think, you talk about the sort of parallel universe of social media and shoo the mainstream. do you think there's enough of an audience to be convinced by christie on social media? >> yes, because he is the only candidate who has gone out hard on entitlements in a specific way that's going to be extremely popular with primary voters if not democrats. >> robert i was shocked at the new hampshire numbers. and i agree that it is early. chris christie said in the same media availability that just took place if the poll you're talking about, the new hampshire

poll, the wmre poll said 5% of the voters made up their minds. i'm happy to work on the other 95%. we'll be just fine. chris christie is confident in the timeline here but the fact he is running behind donald trump and ben carson in new hampshire, i mean i found that surprising. what was your assessment? >> it's going to be very difficult for christie. when you speak to his political confidants, they often bring up the john mccain model from 2008. remember mccain's campaign was collapsed and revived because of all the town hall meetings where he got his energy back and really convinced some of the flinty voters up there. it is a crowded field and a tough field. as christie continues forward, he'll have the indictment of his former allies looming him and their trials. >> i wonder i mean to that end, nick you could not have more of a sort of dichotomy. more of an opposite feel. hillary clinton basically, much respect to bernie sanders, but

in terms of genuine national momentum hillary clinton candidate on the democratic side an then like 5,000 people on the republican side. and i guess i wonder do you think that is a good thing for the republican field? is there not the concern about, you know, the social conservatives are going to have to battle it out with each other, the fiscal conservatives battle it out with each other. on foreign policy there will be a splitting of votes. i wonder if it marginalizes people that have more momentum. >> it's not the number of candidates. it's the way modern campaigns are different. more of the candidates are going to have the legs through super pacs, again, to go much farther. probably have five or six or seven candidates with $10 million and up in their super pacs. it's not a matter of getting second place in iowa or third in new hampshire. you can keep going to the later states, the caucus states right, and keep going for much longer than in the past. >> do you think that people amass money and just stay in the

race as long as possible so we're looking at a longer sort of heated primary up until the very last minute? >> i think it takes a lot longer for this to shake out. it's not going to be in 2012 it was sort of mostly over in a month and went on a bit with gingrich and santorum. but the basic outlines for the same. instead of one super pac and money for santorum you're going to have much, much more money from these outside guproups. going to extend this primary, i think. >> to the evangelical vote in iowa, rick santorum the end of the month, scott walker with the evangelical vote who is your lead horse for that state and for that vote? >> because he wants fresh voice for that block of the party, he wants the new generation of conservatives, i still think you have to count center cruz as the

favor for the eve jellangelical wing. ben carson others makes it difficult for cruz to get together and really put together a coalition that can rival walker and bush even scott walker the son of a baptist preacher, he's eyeing the evangelical vote even in iowa. >> if you have five evangelical conservative candidates splitting up that part of the base, i mean does that not do a disservice to that platform generally? i mean, those five candidates are going to sort of, their votes will be spread across as opposed to going to one and pushing that person toward the head of the primary pack. >> when i speak to leaders on the religious right, they want to find an alternative to the jeb bush or whoever becomes before iowa or after iowa if there's not a clear winner. you're going to have this is a

benefit to bush. bush people believe, even if his campaign is static now and doesn't have a lot of energy just a lot of money. they believe in the long run because of the crowded field on the right, he can survive. >> everyone is playing the long game. you talked about super pacs. hillary clinton is meeting with priorities usa action donors i think on a three-day swing through california. she's the first democratic candidate to basically accept or, you know, court donors for a super pac election cycle. how much do you think that complicates her broader message about campaign finance reform? she's been talking about a constitutional amendment to repeal citizens united. i mean can she deliver that message at the same time she has in the super pack for her? >> yes. i think you can't find a single campaign to get in the country who is astonished or angry at her for embracing super pacs. everyone kind of understands that if you don't do that it really hurts your campaign and

hurts your cause, they sechaccept it as a bad cost of doing business in their view and the goal for her is to win and hopefully change some of that and follow through is the important there. >> it's the weird self-flajlation. i hate it but i need it. thank you both for your time. >> thank you. coming up a rare sight on capitol hill. nearly every senator agrees on a major issue. that is next. unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. look at the footwork! most common side effects include ingrown toenail, application site redness, itching, swelling burning or stinging, blisters, and pain. smash it! make the call and ask your doctor if jublia is right for you. new larger size now available.

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apparently bipartisanship isn't dead yet. a bill 98-1 on the historic nuclear deal with iran. the legislation would force president obama to submit any final agreement with iran to both houses of congress before the administration suspends

sanctions against the regime. even ted cruz voted yes. but it wasn't quite a kumbaya circle. late last week almost derailed when right wing senator, marco rubio tried to force a vote on poison bill amendments. the one person to vote against the bill today? senator tom. the nfl reportedly considering discipline for quarterback tom brady. will the league sideline him next season? that is next on "now." ameriprise asked people a simple question: in retirement, will you have enough money to live life on your terms? i sure hope so. with healthcare costs, who knows. umm... everyone has retirement questions. so ameriprise created the exclusive confident retirement approach. now you and your ameripise advisor.... can get the real answers you need.

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and then there is all this happening elsewhere in the world. nick loeb and sofia vergara taken their frozen embryo battle to the air waves. a carefully worded nfl report

concludes it was more than probable that tom brady in deflate gate. more probable grounds for suspension? for today testimony in the boston bombing without a decision whether dzhokhar tsarnaev will face the death penalty or life in prison. throughout the trial, tsarnaev's lawyers testified to his kindness, the powerful influence of his domineering older brother, and have reminded jurors of his troubled family history. one of the witnesses tsarnaev's middle schoolteacher, becky, called for compassion. >> when you love and care for someone, that doesn't stop even when they do the most terrible things. i really happen to believe that that's a universally human response that that's the nature of compassion. >> norris was making the case for tsarnaev to spend the rest of his life in a super max prison and the last two days trying to convince such a sentence is equally cruel

punishment. he would spend 23 hours a day in solitary confinement in a 12 by 7 foot cell. communication with the outside world would be limited to his immediate family two 15 minute telephone calls a month and five non-contact visits separated by a glass partition. joining me now is host of msnbc's all-in chris hays. bruce rouser and jackie kusinich. when you read the details of what this sentence inside a super max prison is it's almost hard to say which punishment is worse. >> super max is the bleakest thing there is in terms of imprisonment in this country. bleaker than almost anything done among western democracies. not only do put people in prison as a mathematical, but super

max, different than anywhere else in the western democracy world. i don't know if i were facing that decision whether i'd prefer -- i think i would like to live and i think that this edge is spiritual but as long as there's life, there's possibilities for redemption and growth and coming -- >> that sort of that sentence doesn't leave room for redemption really. if this 22-year-old man never going to have physical contact with another human being. >> not in the eyes of the law but the deep spiritual sense that he could come to terms to what he did. feel genuine regret and ask for forgiveness. that is sort the terms which i think about it in a personal matter. from the policy perspective, should we have super max? unclear to me that we should and super max, in the sense of like a security issue? like that's not really what is happening here. it is punishment for the sake of that kind of punishment. >> very complicated thing here

chris, is that there's evidence and there's testimony that is being presented to establish dzhokhar tsarnaev as a compassionate person someone who held children and cried at viewings of "the lion king" when he was little and the inability to square his humanity and his compassion with this heinous act of terrorism that he was a part of. and becky norris i think for boston public radio said last night, this is really true. why do we feel the need to believe that mon trous deeds can only be committed by those evil to the core? is it too difficult to see the world in shades of gray, too disturbing to confront the idea of a good person turning to unspeakable acts what do you think about that? >> i think that's why it's interesting the defense attorneys are concentrating so much on the fact in super max, you're continually punished for your crime when i think actually, what the jury is thinking about is not the compassion of him. thinking about their peers and the victims and the survivors and those people just want him to be away. those people don't want to have to ever think about him again

and i think if i was a defense attorney, i'd talk about at a super max, he's never going to see anybody, talk to anybody, not unless you want to. >> jackie what do you think about our ability to sort of i think navigate the nuances of this particular part of it which is really the whole, there was the guilt trial but i think the sentencing phase brings to the fore these moral conundrums around this act. >> we haven't really had a societal debate about the death penalty for a long time and i think it brings that up too. and to your point about seeing things either black or white or shades of gray i think it's a lot easier to see things in black and white and not have to think about, you know, that someone can do something horrible and not be a totally horrible person. i don't envy those jurors. they have a tough decision. >> what jackie just said it occurs to me we have had a lot of debates by the death penalty, they've been procedural logistic, been about innocence,

the method which we apply it. this is just the shear moral core of the thing. that's not contested. there's no question of how horrible what he did was and that, under the law, he is deserving. the moral question is is this thing we as a society feel okay about? why do we punish people? what is the purpose of punishment from the perspective of the state? what do we hope to accomplish? what can we defend and what can't we? >> that's it. what is the purpose of punishment, for rehabilitation at the end of the road or purely punishment? because honestly both of these seem mostly punitive. hazard to personal penance is part of rehabilitation but seems to be ending in punishment. okay. we have to move on. we could talk about this for days and i'm sure we will. today, tom brady's agent ripped the sad and terrible deflategate report. a carefully worded conclusion, it was more probable than not

brady was at least generally aware of the inappropriate activities. chris, what, i think the complicating factor here some say, the crime doesn't really warrant anything. some think it warrants something but the conclusion so hazy hard to say a punishment needs to be weeded out given the very odd nuanced language in it. >> the nfl is under such pressure lately to see decisive cases like this so they're incentivized to find some sort of suspension or punishment. but in his interest to completely fight that and deny it even if it's just two games. if you ask me he should go tonight and pull a chris christie and just answer every single question everyone has to see if he can ride it out. >> wow, that is a tall order. >> don't do that. >> we'll just take it live. >> go ahead, jackie. >> i have a punishment for him. he has to go quarterback either on the jets or the browns.

>> he can't. >> i say this as a lifelong very sad lifelong browns fapn. i think that would be punishment to fit the crime. >> i don't understand. do you think it's litigation, fear of litigation that made that the sort of nfl's investigative team worded in such a fashion, chris? if you actually read the report you don't even need the nuanced language. the text messages alone, the phone calls, the meetings it's all there. >> this is what it looks like. the thing that i thought when i heard about this. that briady, a powerful individual likes the ball to feel a certain way. he doesn't care the rules. he wants to feel the ball the way hemts feels and make them feel the way i want to and the manager between a rock and a hard place, between the rules and tom brady and freaking out. >> tom brady's side. >> in the text messages he's

like. what the hell am i supposed to do? >> a lot of four letter words. >> they're too much. take out. >> you want too much we'll give you rugby balls. okay, finally in dualing warning show appearances. sofia vergara with their frozen embryos. >> this is really big, moral, legal ethical concepts out there about lives we've already created. i'll financially pay to raise this child, go to college. i can give these children a wonderful life. >> i don't understand why this person, you know i don't want to allow this person to take more advantage of my career and try to promote himself, get press for this. this shouldn't be out there for people to give their opinion when there's nothing to talk about. >> jackie does sofia vergara have a point there? >> i understand this is a personal thing but maybe this will change how these contracts are put together. >> but it's not that it's like a

gray area in the contract. that's fairly straight up. it's just maybe that nick loeb was once engaged to sofia vergara, so the new york times is willing to print off that. >> i thought it was change that the times did that a week ago. the week before her big movie comes out, they love a celebrity adjacent editorial. >> great term. >> the timing so bald and gave her no opportunity to respond. she's famous. she has a movie out but hasn't used that platform to talk about it really until now and he got really the first slug in there. >> i'm sorry. i'll be stronger. that was shameful of the new york times to run off that. it was prepor trous and shameful. i was surprised by their judgment and i think him running around, he signed the contract. this is like the grossest estest ex-behavior i've seen in a long

time. >> it's gross and not just a little creepy. actually, what if she granted his wishes? anyway, we'll leave it there. full stop. drop the mike. thank you all. be sure to catch chris hayes. tom brady's agent will be on there. >> goit to go prep. >> may i direct your attention to text. we'll be back with more after the break. their type 2 diabetes... ...with non-insulin victoza. for a while, i took a pill to lower my blood sugar but it didn't get me to my goal. so i asked my doctor about victoza. he said victoza works differently than pills and comes in a pen. victoza is proven to lower blood sugar and a1c. it's taken once a day, any time. and the needle is thin. victoza is not for weight loss but it may help you lose some weight. victoza is an injectable prescription medicine that may improve blood sugar in adults with type 2 diabetes

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chicago becomes the first major city to repay victims of police torture. we have that story coming up. but first, josh lipton has the cnbc market crash. >> u.s. stocks close higher as investors wait for the big april jobs report and easing in oil and bond yields. dow tacked on 82 points. the s&p 500 added 7 points.

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hours ago in her first congressional testimony as attorney general loretta lynch promised a swift decision whether to launch a civil rights investigation into the baltimore police department. >> we're currently in the process of considering the request from city officials and community and police leaders for an investigation into whether the baltimore city police department engaged in a pattern or practice of civil rights violations. and i intend to have a decision in the coming days. >> testimony came one day after the city's mayor, stephanie rawlings blake, made a public plea to look into police abuses and days after lynch's most visit to the city. but baltimore isn't alone. trying to come to terms with the history of abuse within the ranks of law enforcement. yesterday, the chicago city council passed a rare

reparations package after decades of alleged torture at the hands of its police force. on november 2nd 1983 at about 6:30 a.m. a group of white detectives kicked in the door of chicago resident darrell canon, a black man. arrested for the murder of another man, darren ross. over the course of the day, police allegedly tried to hang canon by his handcuffs and place an unloaded shotgun in his mouth, pulling the trigger in mock execution. >> it seemed like the hay on the back of my head. straight up. >> here's what happened next. >> torture treatment, use the cow prod to my testicles and my mouth and they continued to do this until i couldn't stand anymore and i agreed to do whatever they wanted me to say.

>> canon eventually served 24 years in prison after a murder confession he said was the result of torture by the chicago police. canon wasn't alone. between 1982 and 1993 commander john burj allegedly tortured more than 100 suspects nearly all african-american. on valentine's day 1982 another suspect, a black man named andrew wilson confessed to killing two police officers after he was allegedly beaten suffocated with a plastic bag, burned with a cigarette and a radiator and received electric shocks. yesterday, these victims received some form of justice. in a rare public acknowledgment of police abuse, the chicago city council passed a $5.5 million reparations package for dozens of torture victims under commander burj's watch. the reparations including free tuition, kouns ling and job training for those abused and their families.

the city committed to teaching students about commander burj and his victims in chicago public schools. >> this thing cannot be removed from our history of our city but it can be used as a lesson of whatnot to do and the responsibility that all of us have. >> joining me now is the attorney who's been involved in the legal program over chicago's torture program, joey. thank you for joining me. tell me if you can about the struggle to get to this historic decision on the part to acknowledge torture and give some form of justice to the victims of it. >> it's been truly profound. it's been a 20 decade fight to get -- >> a 20 year fight. >> yes. and this torture took over 2 decades from 1972 to 1991 and it's been several years of litigation investigative

journalism and fierce activism in order to expose the truth. and to get to the bottom of what happened at area 2 and 3 police headquarters under john burj's command. and now that we know the truth, what we've seen and what we understand is that the torture of the survivors themselves have gone on far too long without getting any justice and without getting any redress. so with respect to just this reparations package that was passed yesterday, we originally filed the ordinance in october of 2013 and the last six months, we've mounted a truly inspirational grassroots campaign to get it presented to the city council and finally to get it passed yesterday. >> there's still i think some 19 people who remain in jail and who have confessions that may have been coerced through torture. can you tell us what the sta tuts is with them? >> sure. so this torture was committed to extract these confessions and

those confessions then used against individuals to wrongly convict them. when many people originally went to trial or had motions to suppress, all the evidence about the evidence and practice of torture was never presented and it wasn't available to most of them. now they've sat behind bars languishing in prison and ask they get evident ri hearings to present this newly discovered evidence in support of their allegations that they were tortured or physically abused. and if a judge were to find they were physically coerced, their convictions should be vacated and they should be entitled to new trials. at this point with respect to the individuals, we are still hoping they get these evident ri hearings and you're currently in front of the circuit court of cook county trying to get these individuals appointed counsel. >> joey how did this happen? we talk about john burj and he was the commander here. but i think you tell ordinary americans that the chicago police were conducting torture to extract confessions and we

don't believe things like this happen in america. was this systemic was there, you know, do people know which was going on beyond just burj's particular, those reporting to him? >> well i think that yes, it was. and absolutely, let's be clear. this was systemic. this was racially motivated practices of torture that affected over 100 african-american men and women. it was often called an open secret at area 2 police headquarters which is one of the first stations he worked at. and there's evidence to indicate that the chain of command was fully well aware that this was going on. that they condoned and allowed it to go on. over years of litigation and pressing for investigations the truth ultimately came out. but that was only after several members of the chicago police department including our former mayor, mayor daly did everything in their power to keep it hush hush and try to

sweep it under the rug. >> what a day this is for the victims and their families. joey moe gull thank you. >> thank you for having me. new alarming video of suspected serial killer robert durst. that's next. success starts with the right connections. introducing miracle-gro liquafeed universal feeder. turn any hose connection into a clever feeding system for a well-fed garden. miracle-gro. life starts here.

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if you've watched hbo's incredibly series the jinx you know about robert durst. durst was recently charged with first-degree murder in the killing of his good friend susan berman in 2000 and he was a suspect in the 1982 disappearance of his first wife kathleen. today, newly released surveillance video shows durst taking a bathroom break inside a cvs pharmacy in texas. the video recorded last july shows the 72-year-old murder suspect picking up a prescription before urinating on the candy section at the

checkout counter. durst's lawyer defended his client's bizarre behavior. >> this was a medical mishap. plain and simple he had to go and he couldn't hold it. >> this is not the first time robert durst has done something like this. durst urinated in his brother douglas's office waste basket that may have led to his brother being the successor to the real estate businesses. no charges following the cvs incident and ordered to reimburse the cost for the spoiled candy. durst is scheduled to go on trial for first-degree murder in los angeles on june 22nd. that is all for now. "the ed show" is up next. this is "now with alex wagner" wagner".

this is "the ed show." >> the conservative dynasty in his 44th uninterrupted year. crushed. >> might have made a little bit of history tonight. >> plus -- >> more probable than not that the new england patriots intentionally deflated footballs later. >> warming up and expanding. >> increasingly a national security threat. >> could become unusable. >> i will help the opposition against the tpp. good to have you with us tonight, folks. thanks for watching. we start with a story north of the border and it has an impact here at home. it's a political revolution that's unfolding in alberta, canada. this is absolutely horrible news for transcanada, as it could put the keystone xl pipeline totally at risk. on tuesday night, alberta conservatives were ousted after being in power for 44 years.